The Anti-Racetrack Gambling Bill.
Supporters of the Measure Knew What They Wanted, Drew a Bill to Meet the
Requirements of the Situation and Refused to Compromise with the Machine
Element - Suggestive Series of "Errors" Attended Its Passage.
Of the three principal reform measures considered by the Legislature of
1909 - the Direct Primary bill, the Railroad Regulation bill and the
Anti-Racetrack Gambling bill - the last named was the only one to
become a law untrimmed of its effective features. The Anti-Racetrack
Gambling bill passed the Assembly, passed the Senate and was signed by
the Governor precisely as it had been introduced; there was not so much
as the change of a comma allowed. The result is an anti-gambling law on
California statute books which if it work as well as it has in other
States will prevent bookmaking and pool-selling, thus relieving horse
racing of the incubus which has made the sport of kings
disreputable[23].
Since the reform element succeeded in passing the Anti-Racetrack
Gambling bill without amendment, there is widespread opinion that there
was no opposition to its passage. As a matter of fact, nothing is
farther from the truth. Before a legislator reached Sacramento, the
pro-gambling lobby was on the ground, and continued its hold-up process
until the Assembly, by a vote of 67 to 10, passed the measure, and by a
vote of 57 to 19 refused to grant it reconsideration.
The writer remembers his first poll of the Senate on the anti-gambling
issue, when only nineteen Senators could be safely counted for it[24];
twenty-one were necessary for its passage. To be sure, a number of the
Senators not included in the list of the nineteen who were from the
beginning safe for the measure, were pledged to vote for an anti-pool
selling bill, but this did not necessarily mean the effective
Walker-Otis bill which had been drawn to prevent pool selling and
bookmaking. Not a few unquestionably figured on voting for a bill that
would place them on record as against racetrack gambling, but do
racetrack gambling little or no harm.
These uncertain ones were blocked in their plan of action because the
proponents of the Anti-Gambling bill knew just what they wanted to do,
namely, close up poolrooms and bookmakers' booths. They took the most
effective way to close them up, namely, adapted to California
Constitution and criminal practice, the Hughes anti-gambling law, the
adoption of which Governor Hughes forced in New York, and which in New
York State had proved most effective.
The bill was drawn carefully and its backers in the Legislature and out
of the Legislature let it be known that no amendment, not so much as to
change a comma, would be tolerated. The measure was introduced in the
Senate by Walker of Santa Clara, and in the Assembly by Otis of Alameda.
It was known as the Walker-Otis bill.
This determined stand for the passage of the measure just as it had been
drawn thoroughly alarmed the gambling lobby. "Reformers" who would not
"compromise" proved a new experience. The machine never compromises
until it is whipped. Accordingly, when public opinion demanded action on
the Walker-Otis bill, the machine Senators began to talk of compromise.
In fact, up to the hour of the vote on the bill in the Senate, Senator
Wolfe did not stop whining compromise. In his speech against the passage
of the bill, just before the final vote was taken he insisted: "There
should have been a compromise measure agreed upon, a bill for which we
all could have voted."
The moment before Wolfe had been warning the Senate that to pass the
Walker-Otis bill would tend to wreck the Republican party in California.
Just what the Walker-Otis bill had to do with Republican policies Mr.
Wolfe would no doubt have difficulty in answering. But the measure did
have much to do with machine policies. The machine had prevented the
passage of the Anti-Gambling bill two years before, and was prepared to
prevent the enactment of an effective anti-gambling law at the session
of 1909. Senator Wolfe undoubtedly fell into the common error of
mistaking the machine for the Republican party.
However, the spirit of no compromise which gave Senator Wolfe so much
concern saved the Walker-Otis bill, and has given California an
effective law. The lesson of the incident is that if effective laws are
to be placed on the statute books, there can be no compromise with the
machine. There was compromise with the machine in the direct primary
issue, with the result that the Direct Primary law is in many respects a
sham. But that is another story to be told in another chapter. The
anti-machine element did not compromise with the machine on the
Walker-Otis bill, with the result that an effective law was passed.
From the beginning, the anti-gambling element let it be known that no
suggestion of compromise would be entertained. They announced boldly
that if the machine succeeded in amending the measure, they, the
anti-gambling Senators and Assemblymen, would work to prevent the
passage of the amended bill. The position of these members of the
Legislature who did not propose to be sidetracked by machine trickery is
well illustrated by an interview with Senator Walker, which appeared in
the Sacramento Bee on January 19.
"If the Hughes bill can not pass the California Legislature in the form
that it was passed in New York," said Senator Walker, "I shall vote
against the compromise or the amended bill. The people of California
have made clear their desire that an effective anti-gambling law, such
as New York enjoys, be placed on the statute books. To substitute
anything else would be betrayal."[25]
So there was no compromise with the machine on the Walker-Otis bill, and
the people were not betrayed, as they were to be later in the passage of
the Direct Primary bill and the, Railroad Regulation bill, where there
was compromise with the machine.
When the machine found there was to be no compromise, a curious series
of mishaps became the lot of the Walker-Otis bill, particularly in the
Senate. The measure, when introduced, was, in the ordinary course of
legislation, referred to the Senate Committee on Public Morals. But it
did not reach that committee until several days after its introduction.
When the discovery was made that it had not reached the committee, a
sensation budded but never bloomed. The facts, however, were brought out
that the measure had been reposing in the pocket of a clerk instead of
going to the committee. This "error" was corrected, and the bill turned
over to its proper custodians.
Then came the discovery that the bill had not been properly printed;
three words had been left out of the printed bill in the State printer's
office. This "error," as soon as discovered by Senator Walker, was
corrected. It was declared to be "trivial." But the "trivial"
typographical and clerical errors in the Direct Primary bill in the
final count gave the machine its opportunity to amend the measure to
machine liking. The writer has no doubt in his own mind that the machine
aimed to delay the passage of the Walker-Otis bill until the end of the
session, as it did the Direct Primary bill, and then amend it to suit
machine purposes or defeat it altogether.
Error even attended the recording of the passage of the bill. After a
measure has passed the Senate, its title must be read and approved, and
an order made transmitting it to the Assembly, all of which must be
recorded in the Senate journal. The printed Senate journal of February
4, however, the day the bill was passed, merely recorded the passage of
the bill. Nothing appeared about its title having been read, or that it
had been transmitted to the Assembly. Walker discovered this "error,"
and a hasty inspection of the original minutes followed. The original
minutes contained the proper record as follows: "Title read and
approved. Bill ordered transmitted to the Assembly." But the two
sentences had been omitted from the printed journal. The patient Walker
had the correction made. None of these irregularities, however, resulted
in serious delay. Those behind the measure watched their opponents
closely, refused utterly to treat them with the "courtesy due Senators,"
in fact, acted under the assumption that the gambling element would stop
at nothing to defeat the bill. This watchfulness is an important
although comparatively minor reason why the bill was passed.
Then came the machine's move to pass "an anti gambling bill" as a
substitute for the Walker-Otis measure. Martinelli in the Senate and
Butler in the Assembly had introduced an Anti-Pool Selling, Anti-Book
Making bill. The measure had much to commend it but was by no means so
effective as the Walker-Otis bill. As a last straw, the gambling element
grasped at the Martinelli-Butler bill, and threw their influence on the
side of its passage. But here they again met with the uncompromising
resistance of the reform element. There was nothing left for the machine
to do but make its fight on the floor of Senate and of Assembly. And the
fight came on in a way and with a suddenness which brought consternation
upon the machine forces.
[23] The Walker-Otis bill is in full as follows:
Section 1. A new section is hereby added to the Penal Code to be known
as Section three hundred and thirty-seven a thereof and to read as
follows:
aye. Every person, who engages in pool selling or bookmaking at any time
or place; or who keeps or occupies any room, shed, tenement, tent,
booth, or building, float or vessel, or any part thereof, or who
occupies any place or stand of any kind, upon any public or private
grounds within this State, with books, papers, apparatus or
paraphernalia, for the purpose of recording or registering bets or
wagers, or of selling pools, or who records or registers bets or wagers,
or sells pools, upon the result of any trial or contest of skill, speed
or power of endurance, of man or beast or between men or beasts, or upon
the result of any lot, chance, casualty, unknown or contingent event
whatsoever; or who receives, registers, records or forwards, or purports
or pretends to receive, register, record or forward, in any manner
whatsoever, any money, thing or consideration of value, bet or wagered,
or offered for the purpose of being bet or wagered, by or for any other
person, or sells pools, upon any such result; or who, being the owner,
lessee, or occupant of any room, shed, tenement, tent, booth or
building, float or vessel, or part thereof, or of any grounds within
this State, knowingly permits the same to be used or occupied for any of
these purposes, or therein keeps, exhibits or employs any device or
apparatus for the purpose of recording or registering such bets or
wagers, or the selling of such pools, or becomes the custodian or
depositary for gain, hire or reward of any money, property or thing of
value, staked, wagered or pledged, or to be wagered or pledged upon any
such result; or who aids, assists or abets in any manner in any of the
said acts, which are hereby forbidden, is punishable by imprisonment in
a county jail or State prison for a period of not less than thirty days
and not exceeding one year.
[24] Had not the people of the Twenty-ninth and Thirty-first Senatorial
Districts revolted against the machine at the general election of 1908,
the Walker-Otis bill would probably have been defeated in the Senate. In
the chapter dealing with the passage of the Miller-Drew Reciprocal
Demurrage bill, it will be shown how the Democratic Senators Holohan and
Campbell were elected in the Republican Twenty-ninth and Thirty-first
Senatorial Districts, not because they were Democrats, but because the
Republicans of those districts, recognizing the real issue before the
State - the machine against the anti-machine element - voted for Holohan
and Campbell, knowing them to be for good government and a "square deal"
for all. Holohan and Campbell were from the beginning foremost in their
support of the Anti-Racetrack Gambling bill. To be sure, at the final
vote, only seven Senators voted against the measure. But it is generally
conceded that when the session opened, the gamblers had nineteen
Senators who could have been prevailed upon to vote against an effective
anti-gambling bill. Had machine men sat in the seats occupied by Holohan
and Campbell, the gamblers would have had twenty-one votes in the
Senate, and the Walker-Otis bill would have been defeated.
[25] Much of the credit for this determined stand is due Earl H. Webb,
president of the Anti-Racetrack Gambling League, who managed the fight
for effective anti-racetrack gambling legislation not only during the
session of the Legislature, but before the Legislature convened. Mr.
Webb first convinced himself that the Walker-Otis bill would stop pool
selling and bookmaking; and that the measure would stand the test of
honest interpretation by the courts. Then he made his fight for it. To
Mr. Webb, more than to any other one person, is due the credit for its
passage.